The law firm Geiersberger Glas & Partner has examined in a legal opinion whether the draft legislation of the German Federal Ministry for Economic Affairs for implementing the EU Gas and Hydrogen Market Package complies with European law. The conclusion is clear:
Key provisions required to safeguard market access and network infrastructure for renewable gases such as biomethane are missing. As a result, the full effectiveness of the EU Gas and Hydrogen Market Package cannot be ensured. If the draft were implemented in its current form, it would not be compliant with European law.
“The expert legal opinion on the implementation of EU Directive 2024/1788 (EU Gas Directive) into the draft amendment of the German Energy Industry Act (E-EnWG)” is available here. Please note that the document is available in German only.